§ 5-629. Person administering drug or vaccine

   (a) "Secretary" defined. -- In this section, "Secretary" means the Secretary of Health and Mental Hygiene.

(b) In general. -- Except as provided in subsection (d) of this section, a person lawfully administering a drug or vaccine is not liable for any adverse effect that arises from the use of the drug or vaccine if the drug or vaccine:

   (1) Is administered to immunize an individual against a disease; or

   (2) Is approved by the United States Food and Drug Administration for the purpose for which the drug or vaccine is administered.

(c) Immunization projects. -- Except as provided in subsection (d) of this section, if the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in the State, a physician, nurse, or other person participating in the project is not liable for any adverse effect that arises from the use of a drug or vaccine in the project.

(d) Exemptions. -- This section does not exempt:

   (1) A person from liability for gross negligence;

   (2) A drug manufacturer from the duty to use ordinary care in preparing and handling a drug or vaccine; or

   (3) A person from liability that arises out of the improper or illegal administration of a drug or vaccine.

HISTORY: 1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.